Patna High Court
Champa DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.
Summary
Champa Devi, a woman with no prior criminal record, sought anticipatory bail after the police alleged that 35 litres of liquor were recovered from her joint family house and that she was implicated based on her husband’s confessional statement made in custody. The petitioner argued that she had no conscious possession of the liquor, the property was jointly owned, and the amended 2018 Excise Act had abolished the doctrine of deemed possession and presumed offender. The State opposed the bail, contending the allegations warranted arrest. The court, noting the lack of direct evidence, the petitioner’s clean antecedent, and the inadmissibility of the husband’s statement, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of her criminal antecedents by the trial court. The order stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances?
- Does the confessional statement of the husband, made in police custody, constitute admissible evidence for implicating the petitioner?
- Has the amendment to the Bihar Prohibition and Excise Act, 2022, eliminated the concept of deemed possession, affecting the charge against the petitioner?
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 30(b), 30(c)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- liquor possession
- Bihar Prohibition Act
- joint family property
- confessional statement
- clean antecedent
- deemed possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37484 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- BHAGWANPUR District- Begusarai
======================================================
Champa Devi W/o Lalan Chaudhary R/o vill - Ataruaa, P.S.- Bhagwanpur
(Tiyay), Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Randhir Kumar No 1
For the Opposite Party/s : Mr. Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 30(a),
30(b), 30(c) of Bihar Prohibition and Excise Amendment Act,
2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 35 litres of liquor from house of the
petitioner. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from her conscious
possession and the house in question is a joint family property
as such it cannot be alleged with certainty that it was petitioner,
who had kept the liquor in the house or the liquor kept in the
Patna High Court CR. MISC. No.37484 of 2026(2) dt.17-06-2026
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house was within his knowledge and after amendment in the
Excise Act in the year 2018, the concept of deemed possession
and presumed offender has been done away with and she came
to be implicated based on confessional statement of her husband
Lalan in police custody which does not have any evidentiary
value.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of her arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Bhagwanpur P.S. Case No.40/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.37484 of 2026(2) dt.17-06-2026
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concealed her antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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